Mohave County miner., 1887-08-13
Are the Revised Ststutes Legal?

All legislatures are governed by nearly
the same rules concerning the creation
and development of the laws enacted by
them, and one OF the most important OF
these certain and fixed regulations is,
that Journal shall be kept ~ which Is
recorded the circumstances which give
the necessary validity to laws passed in
the particular House which acts upon
those laws.
The i4th Legislature is supposed to
have considered many bills presented to
the two branches thereof and, by It's di.
rection, n revision OF the existing laws
was made, and recently code cofnpris.
ing such revised and much new law, has
been sent TO limited number of the Off
GERS OF this county by the Territorial Sec
retary.
The Belt has repeatedly stated and
proved that no Journals, which ill the re-
qnirements before expressed were kept
by the last legislature and from this fact
arises at once the question as to whether
or not the new code can be- OF any legal
value. There exists no lawful record Of
the daily proceedings Of that body, and
many laws not found in this code have
been stated TO have been passed by men,
bers Of the House and council who were
intimately connected with the laws they
mention.
An examination OF the history Of the
code cannot but impress anyone with the
knowledge that grave errors were COM
mitted. Three men were entrusted with
the revision Of the great amount Of work
that has been gradually constructed since
the Territory was organized. They
hurriedly wrote out new law; rushed ii
into the House; the Clerk Wakes it up
and commences to read it--fnding that
its reading would occupy perhaps the en-
tire day, some member proposes that it
be considered read and the bill is quickly
passed to a second reading, and without
knowing perhaps even the title, the
House sends it TO the Judiciary Com
mittee who send, it back in two, three or
four days, saying "it is good bill," and
the bill is up on final passage. No record
is taken, save the pencil, of the vote on
call the bill il declared passed and sent
to the Council where il is rushed along
on the same plan, and finally the bill
goes to the governor who approves it,
and it is then declared law, possibly,
taking effect Immediately" No one
has seen it in print. and Il majority Of the
members themselves could not state its
contents.
A great mass Of bills accumulated; the
| legislature adjourned and left the three
Commissioners to prepare these bills for
publication. 1t is a fact that the only
history OF the daily transactions Of either
branch Of the lith, was the Respective
Clerks pencil minutes, and no Journals
were read, signed and approved each day
in either House as should have been,
done. These pencil minutes have been
in the charge OF one or two men besides
the Commissioners, and upon these mem.
oranda OF the Clerks rests the entire le-
galiiy OF the new code. What fragile
foundation for our statutes to rest upon
And yet the administration would have
all believe that nothing is lacking TO giv,,
validity to these laws. The recognized
rules in regard to Journals were not fol-
lowed, and it bears the impress Of error
and will always CARRY suspicion that
crookedness exists. A great latitude was
given for corruption to flourish, thereby
inviting attack and criticism.
1t is well that Conrgess should con.
slider and approve the Statutes before
they become absolute, and 1t is the duty
of our delegate to present this matter in
its proper light for examination by the
next House OF Representatives, and to
urge that body to decide the question as
to the legality Of the actions Of the Legis-
lature, Code Commission and Territorial
Secretary.
Under the condition Of the laws as Civ
en- into the custody Of the Commissioners,
there is pertinent feature in regard TO
these Revised Statutes which affords op
portunity for changing the context Of
many Of these laws. In many cases the
bills passed third reading in the same
condition as they were when presented to
the house or council, with the addition OF
pencil interlineations embodying amend
ments offered and passed. The Com
missioners and Secretary had exclusive
charge Of these bills for twenty days after
the adjournment Of the Legislature, in
which to index and compile this code,
and these facts show conclusively that
this manner of winding up legislation Was
unwlse and opened broad field. for cor
ruption. This matter needs close atten.
ton when Congress passes upon the
de.--Arizona Silver Belt. .-
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